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HHS Issues Guidance on Requirements Under HIPAA for Online Tracking Technologies, Addressing Privacy and Security Concerns Related to Health Information
On December 1, 2022, the Office for Civil Rights (OCR) at the US Department of Health and Human Services (HHS) issued a Bulletin on the obligations of covered entities and business associates (regulated entities) under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy, Security, and Breach Notification Rules (HIPAA Rules) when using online tracking technologies, such as cookies, web beacons and pixels.
Trade Secret Law Evolution Podcast Episode 51: The Sixth Circuit Analyzes Key Concepts in Trade Secret Law in Affirming Major Jury Verdict
You are invited to listen to Episode 51 of Greenberg Traurig’s Trade Secret Law Evolution Podcast, "The Sixth Circuit Analyzes Key Concepts in Trade Secret Law in Affirming Major Jury Verdict."
Congress Votes to Impose Bargaining Agreement to Avoid Nationwide Railroad Strike
Both the House and Senate have passed legislation under the Railway Labor Act to avoid a railroad strike by imposing the bargaining agreement brokered by President Joe Biden in September 2022.
Spoliation Series: Discovery Abuses Can Lead to Case-Ending Sanctions
In Abbott Laboratories, et al., v Adelphia Supply USA (EDNY May 2, 2019), Plaintiffs filed a motion for case-ending sanctions against defendants H&H Wholesale Services, Inc., Howard Goldman, and Lori Goldman (for purposes of this blog, “Defendants”).
Tax Court Holds That Deficiency Petition 90-Day Time Limit Is Jurisdictional
Last summer, the Supreme Court of the United States held that the 30-day time limit to file a Collection Due Process (CDP) petition is a non-jurisdictional deadline subject to equitable tolling (Boechler, P.C. v. Commissioner).
Treasury Announces Initial Guidance on the Inflation Reduction Act's Labor Requirements for Renewable Energy Tax Credits and Incentives
The U.S. Department of the Treasury announced initial wage and apprenticeship guidance under the Inflation Reduction Act of 2022 (IRA) that applies to taxpayers in order to increase available credit amounts for federal tax incentives, including the Investment Tax Credit (ITC) and Production Tax Credit (PTC).
Class Actions for Tuition Refunds Based on COVID-19 Pandemic Closure? Ohio Appeals Court Weighs In
College life was just one of the many things affected by the COVID-19 pandemic.
IRS Issues New Procedures for Large Corporate Audit Disclosures
For decades, large corporate taxpayers under continuous audit have been able to make disclosures under Revenue Procedure 94-69 at the beginning of an examination to notify the Internal Revenue Service (IRS) of adjustments (both positive and negative) to their tax returns and thereby obtain protection from various penalties and obviate the need to file a formal amended tax return. In 2020, the IRS questioned the continuing utility of this disclosure process and invited comments on said process.
IRS Issues Critical Wage and Apprenticeship Guidance under Inflation Reduction Act of 2022
The US Department of the Treasury just released its guidance on the labor requirements that must be fulfilled in order to maintain the credit for the full amount for clean energy and infrastructure projects under the Inflation Reduction Act of 2022 (Act).
Construing the Construction: Federal Circuit Chips Away at IPR Win
Addressing claim construction issues in inter partes review (IPR) proceedings before the Patent Trial & Appeal Board (Board), the US Court of Appeals for the Federal Circuit affirmed an obviousness finding as to some claims but reversed and remanded an obviousness finding as to another claim because of a claim construction error.
Featured Stories
Schedule A I-140: Fast-Track Green Card for Nurses and Physical Therapists
Most employment-based permanent residency applications require the applicant to go through the PERM labor certification process where the U.S. Department of Labor (DOL) certifies that there are not sufficient U.S. workers able, available, and qualified to fill a position.
SCOTUS to Warhol Foundation: Your Use of Previously Licensed Work Isn't Fair
On May 18, 2023, the United States Supreme Court issued its long-awaited decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, a case that presented the Court with an opportunity to bring clarity to the often highly subjective standards lower courts apply when deciding the issue of fair use of visual works of art under copyright law.
Challenging OSHA Violations at Occupational Safety and Health Review Commission Is Worth the Effort
It is more important than ever that employers understand the serious long-term, non-monetary consequences of settling or accepting Occupational Safety and Health Administration (OSHA) citations.
New Washington Law Regulates Warehouse Distribution Center Worker Quotas
A new Washington law regulating employers’ use of production quotas or production standards for employees working at warehouse distribution centers (House Bill 1762) will go into effect on July 1, 2024.
Congress Adds AKS and Stark Law Exceptions for Certain Wellness Programs
As a part of the Consolidated Appropriations Act, 2023 (CAA), Congress passed new exceptions to the Physician Self-Referral Law (Stark Law) and the federal Anti-Kickback Statute (AKS) allowing certain healthcare entities to provide mental health or behavioral health improvement and/or maintenance programs to physicians and other clinicians.
Texas Approves SB 14 Prohibiting Gender-Affirming Care for Minors
On May 17, 2023, the Texas Senate approved Senate Bill No. 14 (SB 14), prohibiting physicians from providing gender-affirming medical care to minors experiencing gender dysphoria (distress that results from having one’s gender identity not match one’s sex assigned at birth).
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